City of Yuma

City Council Meeting

REVISED Agenda

Wednesday, November 15, 2023

5:30 PM

Yuma City Hall Council Chambers

One City Plaza, Yuma

Notice is hereby given, pursuant to Resolution R2015-047 that one or more members of the Yuma City

Council may participate in person or by telephonic, video or internet conferencing. Voting procedures will

remain as required by the Yuma City Charter and other applicable laws.

City Council Chambers will be open with public access in addition to

participation through Zoom

Those wishing to speak on any applicable agenda item or at Call to the Public and choose

to participate via Zoom, must submit an email request to publiccomment@yumaaz.gov no

later than 60 minutes prior to the start of the scheduled meeting. Further instructions will

be given at that time.

Members of the public are encouraged to view the meeting through either of the following two

venues:

1) Zoom: Residents will need to connect through the following website:

https://cityofyuma.zoom.us/. Click on "Calendar" then select the City meeting and click “Join”.

2) City of Yuma live stream: Use the Video and TV Stream quick link at www.yumaaz.gov and

search for Yuma Live Playlist 73. Watch live on TV cable channel 73.

A recording of the meeting will be available on the City’s website after the meeting.

CALL TO ORDER

INVOCATION

PLEDGE OF ALLEGIANCE

ROLL CALL

FINAL CALL

Final call for submission of Speaker Request Forms for agenda related items.

PRESENTATIONS

• Amberly's Place Update

• Greater Yuma Economic Development Corporation Annual Presentation

• Recognition of Achievement for Excellence Award from the Government Finance Officers

Association

I. MOTION CONSENT AGENDA

All items listed on the Motion Consent Agenda will be considered and enacted with one motion.

There will be no separate discussion of these items unless a Councilmember so requests. In

which event, the item will be removed from the Motion Consent Agenda and the vote or action

may be taken separately.

A. Approval of minutes of the following City Council meeting(s):

MC 2023-185

Variance Appeal - Board of Adjustments Draft Minutes

November 1, 2023

Attachments:

2023 11 01 Variance Appeal Minutes

B. Executive Sessions

Executive Sessions may be held at the next regularly scheduled Special Worksession, Regular

Worksession and City Council Meeting for personnel, legal, litigation and real estate matters

pursuant to A.R.S. § 38-431.03 Section A(1), (3), (4), and (7). (City Attorney)

C. Approval of staff recommendations:

MC 2023-172

Liquor License: Maverik

Approve a Series #10: Beer and Wine Store Liquor License

application submitted by Lauren Merrett, agent for Maverik located

at 2930 E. Gila Ridge Road. (LL23-14) (City Administration/City

Clerk) (Lynda L. Bushong)

Attachments:

1. MAP Liquor License: Maverik

MC 2023-173

Liquor License: Carnitas El Taste Foothills

Approve a Series #12: Restaurant Liquor License application

submitted by Marina Barajas, agent for Carnitas El Taste Foothills

located at 5836 E. 32nd Street, Suite 1. (LL23-15) (City

Administration/City Clerk) (Lynda L. Bushong)

Attachments:

1. MAP Liquor License: Carnitas El Taste Foothills

MC 2023-174

Liquor License: 928 Tacos

Approve a Series #07: Beer and Wine Bar Liquor License

application submitted by Gerardo Nunez, agent for 928 Tacos

located at 1150 W. 24th Street. (LL23-16) (City Administration/

City Clerk) (Lynda L. Bushong)

Attachments:

1. MAP Liquor License: 928 Tacos

MC 2023-176

Bid Award: 45th Avenue Multi-Use Pathway 28th Street to 24th

Street

Authorize the City Administrator to execute a construction services

contract for the 45th Avenue Multi-Use Pathway, 28th Street to 24th

Street Project, to the lowest responsive and responsible bidder in

the amount of $471,226.80 for the base bid, and $56,773.20 for

the alternate bid for a total of $528,000.00 to DPE Construction,

Inc., Yuma, Arizona. (Engineering - RFB-23-253) (David

Wostenberg/Robin R. Wilson)

MC 2023-177

Cooperative Purchase Agreement: Ground and Turf

Maintenance Equipment

Authorize the purchase of various Ground and Turf Maintenance

Equipment to Hillyard, Mesa, Arizona; Stotz Equipment, Avondale,

Arizona; and RDO Equipment, Yuma Arizona utilizing Arizona

State Contract, Sourcewell and Mohave Education Services

cooperative purchase agreements, at an estimated cost of

$228,417.63 (Parks and Recreation Department-CPA-24-131)

(Eric Urfer/Robin R. Wilson)

MC 2023-178

Cooperative Purchase Agreement: Global Positioning System

Receivers

Authorize the use of a Cooperative Purchase Agreement initiated

by the State of Arizona for the purchase of a 3D Laser Scanner

with AllTerra Central, Inc., Austin, Texas for a total amount of

$104,956.51. (Police/Administration - GRT-24-136) (Thomas

Garrity/Robin R. Wilson)

MC 2023-184

Cooperative Purchase Agreement: Playground Equipment -

Shade Structure

Authorize the purchase and delivery of two shade structures from

Exerplay, Cedar Crest, MN, utilizing the Mohave Educational

Services Cooperative Purchase Agreement for an estimated

expenditure of $94,408.69. (Park-CPA-24-108) (Eric Urfer/Robin

R. Wilson)

MC 2023-179

MC 2023-180

Software Subscription Renewal: Tyler Technologies

Authorize the renewal of the annual software subscription for a total

expenditure of $161,694.18 to: Tyler Technologies, Inc., Dallas, TX

(Finance/IT - RFP 2011000118) (Douglas Allen/Isaiah Kirk/Robin

R. Wilson)

Sole Source: Integrated Ballistic Information System Warranty

and Protection Plan

Authorize the City Administrator to execute a sole source purchase

extending the Warranty and Protection Plan of the Integrated

Ballistic Information System (IBIS) with Forensic Technology Inc., of

Largo, Florida, for total expenditure of $123,879.00.

(Police/Administration - GRT-24-140) (Thomas Garrity/Robin R.

Wilson)

MC 2023-181

MC 2023-182

10.

11.

Amendment: City of Yuma Investment Policy

Approve amendments to the City of Yuma Investment Policy

relating to authorized investments and changing the title of the

authorized director. (Finance) (Douglas Allen)

Final Plat: Spirit Park Subdivision

Approve the final plat of the Spirit Park Subdivision. The property

is located at the southeast corner of Avenue 3E and 38th Street.

(Planning and Neighborhood Services/Community Planning)

(Alyssa Linville)

Attachments:

1. SUPP DOC Final Plat: Spirit Park Subdivision

II. RESOLUTION CONSENT AGENDA

All items listed on the Resolution Consent Agenda will be considered and enacted with one

motion. There will be no separate discussion of these items unless a City Councilmember so

request or a Speaker Request Form has been submitted. In which event, the item will be

removed from the Resolution Consent Agenda and the vote or action may be taken separately.

R2023-055

2023 City of Yuma Special Election Canvass

Adopt the official canvass of the November 7, 2023, City of Yuma

Special Election. (City Administration/ City Clerk) (Lynda L. Bushong)

Attachments:

1. RES 2023 Spc. Election Canvass

2. EXH A 2023 Spc. Election Canvass

ADDITION

III. ADOPTION OF ORDINANCES CONSENT AGENDA

All items listed on the Ordinances Consent Agenda will be considered and enacted with one

motion. There will be no separate discussion of these items unless a City Councilmember so

requests or a Speaker Request Form has been submitted. In which event, the item may be

removed from the Ordinance Consent Agenda and the vote or action will be taken separately.

O2023-035

Text Amendment: Accessory Dwelling Units

Amend Title 15, Chapter 154, to update the placement, size and

height of accessory dwellings. (Planning and Neighborhood

Services/Community Planning) (Alyssa Linville)

Attachments:

1 P&Z Text Amendment: Accessory Dwelling Units

2 ORD Text Amendment: Accessory Dwelling Units

O2023-036

Text Amendment: Nursing & Personal Care Facilities and

Residential Care Homes

Amend Title 15, Chapter 154, of the Yuma City Code to update the

definitions and allowable zoning districts for Nursing & Personal

Care Facilities and Residential Care Homes. (Planning and

Neighborhood Services/ Community Planning) (Alyssa Linville)

Attachments:

1 P&Z RPT Nursing & Personal Care Facilities and Residential Care Homes

2 ORD Nursing & Personal Care Facilities and Residential Care Homes

O2023-037

Yuma City Code Text Amendment: Fireworks

Amend Title 13, Chapter 139 (Yuma City Code §§ 139-004

through 139-010, and § 139-009) to comply with the State

preemption of the regulation of Fireworks and Permissible

Consumer Fireworks, and incorporate the amendments enacted

by Senate Bill 1188, of the Fifty-sixth Legislature, First Regular

Session, 2023. (City Attorney) (Richard Files)

Attachments:

1. ORD Text Amendment Fireworks

IV. INTRODUCTION OF ORDINANCES

The following ordinance(s) is presented to the City Council for introduction. No vote or action by

the City Council is necessary. However, the City Council may, at its option, vote or take action

where appropriate. Ordinances given introduction are generally presented to the City Council for

adoption at the next Regular City Council meeting.

O2023-038

Declare Real Property Surplus and Authorize Sale: 150 N.

Madison Avenue and 120 N. Main Street

Declare vacant City of Yuma-owned real property surplus and

authorize the sale through a request for proposal (RFP) process

(or other competitive process) for the City-owned properties

located at 150 N. Madison Avenue and 120 N. Main Street.

(Economic Development) (Jeff Burt)

Attachments:

1. ORD Declare Surplus and Authorize Sale: Madison Ave and Main St.

V. PUBLIC HEARING AND RELATED ITEMS

R2023-052

General Plan Amendment: 1749 S. Arizona Avenue and the

Northeast Corner of Riley Avenue and 18th Street

Following a public hearing, approve the Major Amendment request to

amend the City of Yuma General Plan to change the land use

designation from Commercial to High Density Residential, for

properties located at 1749 S. Arizona Avenue and the northeast

corner of Riley Avenue and 18th Street. (GP-41487-2023) (Planning

and Neighborhood Services/Community Planning) (Alyssa Linville)

Attachments:

1. P&Z RPT GP Amendment: 1749 S. Arizona Avenue and NEC of Riley Avenue

and 18th Street

2. RES GP Amendment: 1749 S. Arizona Avenue and NEC of Riley Avenue and

18th Street

R2023-053

General Plan Amendment: 1717 S. Pacific Avenue

Following a public hearing, approve the Major Amendment request to

amend the City of Yuma General Plan to change the land use

designation from Industrial to Commercial, for a portion of the property

located at 1717 S. Pacific Avenue. (GP-41558-2023) (Planning and

Neighborhood Services/ Community Planning) (Alyssa Linville)

Attachments:

1. P&Z RPT GP Amendment: 1717 S. Pacific Avenue

2. RES GP Amendment: 1717 S. Pacific Avenue

REVISED

VI. UTILITY RATES

MC 2023-183

Notice of Intention to Adjust Water and Wastewater Utility Rates

Adopt a Notice of Intention pursuant to A.R.S. § 9-511.01 to increase

water and wastewater rates, reinstate the Water Resource Trust Fund

surcharge, and set a public hearing on the proposed rate increase.

(Utilities/Administration) (Jeremy McCall)

Attachments:

1. Notice of Intent

FINAL CALL

Final call for submission of Speaker Request Forms for Call to the Public.

VII. APPOINTMENTS, ANNOUNCEMENTS AND SCHEDULING

Discussion and possible action on the following items:

1. Appointments:

• Building Advisory Board - two reappointments

• Design and Historic Review Commission - one reappointment

• Merit System Board - one reappointment

• Planning and Zoning Commission - two reappointments

• Residential Advisory Board - two reappointments

• Water and Sewer Commission - two reappointments

• Housing Authority Commission - one reappointment

• Clean and Beautiful Commission - one appointment

2. Announcements:

City Council report on meetings/events attended – City Council report on issues discussed

in meetings/events attended by a City Council representative in their official capacity as the

City’s representative during the period of November 2, 2023 through November 15, 2023.

City Council questions regarding the update must be limited solely for clarification

purposes. If further discussion is warranted, the issue will be added to a future agenda for

a detailed briefing.

City Council report of upcoming meetings.

City Council request for agenda items to be placed on future agendas.

3. Scheduling:

Motion to schedule future City Council meetings pursuant to Arizona Revised Statutes

Section 38-431.02 and the Yuma City Code, Chapter 30.

VIII. SUMMARY OF CURRENT EVENTS

This is the City Administrator’s opportunity to give notice to the City Council of current events

impacting the City. Comments are intended to be informational only and no discussion,

deliberation or decision will occur on this item.

IX. CALL TO THE PUBLIC

Members of the public may address the City Council on matters that are not listed on the City

Council agenda. The City Council cannot discuss or take legal action on any matter raised

unless it is properly noticed for discussion and legal action. At the conclusion of the Call to the

Public, individual members of the City Council may respond to criticism made by those who

have addressed the City Council, may ask staff to review a matter or may ask that a matter be

placed on a future agenda. All City Council meetings are recorded and videotaped.

X. EXECUTIVE SESSION

An Executive Session may be called during the public meeting for the purpose of receiving

legal advice for items on this agenda pursuant to A.R.S. Section 38-431.03 A (1, 3, 4 and/or 7)

and the following items:

There are no additional executive session items scheduled at this time.

ADJOURNMENT

In accordance with the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973, the

City of Yuma does not discriminate on the basis of disability in the admission of or access to, or treatment or

employment in, its programs, activities, or services. For information regarding rights and provisions of the ADA or

Section 504, or to request reasonable accommodations for participation in City programs, activities, or services

contact: ADA/Section 504 Coordinator, City of Yuma Human Resources Department, One City Plaza, Yuma, AZ

85364-1436; (928) 373-5125 or TTY (928) 373-5149.